26 Mar 2014
深圳市德力康電子科技有限公司 v. JOO-SIK-HOI-SA LG (LG CORPORATION) AND ANOTHER
- Citation
- 深圳市德力康電子科技有限公司 v. JOO-SIK-HOI-SA LG (LG CORPORATION) AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP881/2013
The hearing officer did not err: on the evidence (prior use and reputation of LG Device, De Li Kang's dealings suggesting knowledge/access, the notable similarities between marks, and the lack of credible explanation and absence of the designer's evidence) copying could be inferred and De Li Kang's conduct amounted to bad faith under s11(5)(b); alternatively the Suit Mark was invalid under s12(3) for likelihood of confusion and under s12(4) as taking unfair advantage/detriment to a well-known mark; s12(5)(a) (passing off) was not made out.